Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Second opinion] A seller sells his property using his

Customer Question
survey. The survey is 5...
Second opinion] A seller sells his property using his survey. The survey is 5 months old. The survey is not certified to the title insurer, only the seller. In lieu of complying with fs(###) ###-#### the title company creates a seller's survey affidavit where the seller indemnifies the title insurer for relying on the sellers survey to define the land boundaries in creating a title insurance policy. I am the buyer and I was told I have an insured transaction and I am insured for the boundaries defined by the seller's survey. I put up a fence and improvements on the land before I found out the survey was defective and it included part of the neighbors land. I filed a claim to the insurance company for the my improvements that were within the insured borders but were on the neighbors land that had to be removed. I also filed a claim for land I paid for, was insured for, but do not own. According to fs(###) ###-####the title insurer should have never used the seller's survey, but should have obtained a survey from the surveyor certified directly to the title insurer and it should have been less than 90 days old. Should I sue the title insurer for the damages I sustained as a result of them not complying with fl Laws. After all they are indemnified by the seller for using his survey for any damages that may occur
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: I complained to the Florida Dept of Insurance and they agreed I was correct that the Insurance company should reconsider my claim, but they only offer $5,000 for good faith and for me to drop my claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just don't know what to do. I can't complain to the surveyor and the Florida dept of surveyors sent me a nice pamphlet why a seller should never sign a seller's survey affidavit and a buyer should never accept one. If so they why is a title company allowed to create one to circumvent florida laws
Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 hours by:
5/17/2017
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,672
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Sean Fisher,
 replied 6 months ago
Sean Fisher
Category: Real Estate Law
Satisfied Customers: 15
Experience: Of Counsel at Sirote & Permutt
Verified

Yes, I would make a title claim to the insurance company that relied upon the seller's survey in this matter. If the claim gets denied, I would then file suit.

Ask Your Own Real Estate Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

38,672 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am looking for a cancellation of contract for real estate
I am looking for a cancellation of contract for real estate form … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
A real estate contract states that if financing can not be
A real estate contract states that if financing can not be obtained within the stated time frame, the contract is null and void. If financing can be obtained at a future date, can this contact be rein… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Are you a Real Estate Attorney? California. My partner and
My partner and bought a home we had for 22 years he is not on Title and I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Can a Life Estate that was added into a real estate contract
Can a Life Estate that was added into a real estate contract to buy property be removed? Or can it be transferred to someone else without the consents of both the buyer and seller?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
In commercial Ohio real estate is their such an agreement as
In commercial Ohio real estate is their such an agreement as a NNN lease that is also a land contract installment which offers some type of equity ownership during or after the lease terms ?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for a Real Estate Lawyer to come out and talk with
Looking for a Real Estate Lawyer to come out and talk with our community about HOA. The builder of our homes just turn over everything to the community with really explaining anything. We are look for… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This message is in regards to Rhode Island real estate laws
this message is in regards ***** ***** Island real estate laws regarding foreclosure. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Neighbor recently did survey and found my fence is 70 feet
Neighbor recently did survey and found my fence is 70 feet on their property. What is requirement for having me move my fence? Fence has been in same place for 50 years. … read more
socrateaser
socrateaser
1,031 satisfied customers
I'm not sure this is in the realm of real estate law or
I'm not sure this is in the realm of real estate law or property rights. In any event my neighbor has landscaping and one large pine tree that is continually shedding into my pool and surrounding pati… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
It is not a real estate problem it is about a person that
it is not a real estate problem it is about a person that was evicted and nowher to go … read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
My property was surveyed and found that neighbors driveway
My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
My neighbor pulled up the survey stakes and says the
My neighbor pulled up the survey stakes and says the property is hers now. We are a platted neighborhood and she says its her property based on Adverse Possession. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
I have a property listed with a real estate agent in
I have a property listed with a real estate agent in Kentucky. I have been informed on more than one occasion that the neighbor to the property has interfered with the showing of the home by making de… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
STATE REAL ESTATE LAW? A large tree on a neighboring parcel
WASHINGTON STATE REAL ESTATE LAW? A large tree on a neighboring parcel blew down onto our garden fence, damaging both the fence and a couple of fruit trees during a storm . it turns out that the roots… read more
Barrister
Barrister
Lawyer
38,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x